Other Than Basic Information, Anything You Say to the Police Will Be Used against You
Lisa Pelosi: I’ve had clients who are actually attorneys who make the mistake of having a conversation with the police. You’re not going to be able to talk yourself out of anything. Every word you say other than confirming your name and your address is going to get you in trouble. I highly suggest that you not talk to the police at all. Talk to your attorney.
Do the Police Have the Right to Enter Your Home without a Warrant?
Interviewer: What if the police come to your house and they want to come in and they want to talk to you in your house, what should you do?
It Is Important to Immediately Call Your Attorney
Lisa Pelosi: The police officer has no right to enter your home. If they have an arrest warrant then they will do what they need to do to come into your home. If they don’t have an arrest warrant, they have no right to be at your home.
They can ring the bell and say, “We want to come in.” You don’t give them consent. You immediately call your attorney, and the attorney will take it from there.
Interviewer: As an attorney, what can you do for people in those situations? Let’s say you get on the phone with the detective. What do you say to them that helps mitigate the situation?
When the Police Know the Suspect Is Represented by an Attorney, They Know They Cannot Continue Any Questioning
Lisa Pelosi: Once the police department knows that an attorney is representing an individual, then they know that they cannot question the individual. They know that they can’t use tools that they would normally use if an attorney was not present.
They can’t fool you to come out of your house. An attorney would tell the detective, “As you well know, detective, you have no right to question my client. He has an attorney, or she has an attorney, and we’ll come in to meet with you, but if you don’t have an arrest warrant, please leave.”
And they will leave. Because they know that they can’t get away with things that they normally do get away with if an attorney is not present to protect an individual’s rights.
